Sanctions in opposition to the revolving door of ministerial advisors contested earlier than the Constitutional Council | EUROtoday

“Dura lex, sed lex” ? Yenad Mlaraha, former communications advisor to Marlène Schiappa and former columnist for the present “Touche pas à mon poste!” » by Cyril Hanouna, promoted to communications director for Fayard editions in August, just isn’t the person to cease on the previous Latin adage which proclaims that “the law is harsh, but it’s the law”.

The one who defends the publication of Jordan Bardella’s guide within the identify of pluralism of opinion has determined to problem earlier than the Constitutional Council the legality of a provision of the anti-revolving legal guidelines, these texts which govern the comings and goings of senior civil servants (minister , MP, ministerial advisor, and many others.) between the private and non-private sectors.

The article in query belongs to the final civil service code. It prevents any public official who has not revered the opinion issued by the High Authority for the Transparency of Public Life (HATVP) on their mobility, and even has didn’t enter the latter, from being recruited by the administration for a interval of three years. A sanction that’s too heavy and presumably opposite to the precept of necessity and proportionality of penalties assured by the Constitution, believes Yenad Mlaraha, whose strategy was validated by the Council of State on October 25. The precedence query of constitutionality (QPC) that he raises will quickly be included on the agenda of the Constitutional Council, as a way to be determined by the top of January 2025 on the newest.

What is the story behind this referral to the physique which ensures the conformity of legal guidelines with the rights and freedoms assured by the Constitution? Neither the HATVP nor Yenad Mlaraha made any remark, pending the choice of the Constitutional Council. But in response to our data, the affair between Yenad Mlaraha and the HATVP dates again to March 2024. Yenad Mlaraha was then supplied the place of technique and communications advisor throughout the cupboard of the brand new Minister Delegate for Children and Youth. and to households, Sarah El Haïry, barely seven months after leaving the cupboard of Marlène Schiappa, who was not renewed as Secretary of State for the Social and Solidarity Economy throughout the reshuffle of July 2023.

A consulting firm referred to as Yenad

But the communicator runs into an impediment. Because within the meantime he has created a small communications technique consulting firm referred to as Yenad, for which he didn’t search the opinion of the HATVP. However, the regulation requires going by way of this step to keep away from, in his case, the previous ministerial advisor taking as purchasers firms with which he dealt on the ministry or taking steps in favor of his new purchasers with the general public authorities, as a way to shield the agent and his administration from doable prison and moral indictment. By omitting the HATVP field, the previous advisor due to this fact put himself in an irregular state of affairs of failure to make a referral.

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